O-2016-3648 Amendment to Chapter 34 of the La Porte Code of Ordinances to Add Vaping

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Distance requirement language for smoking near entrances shall be included on the signage and in accordance with section 34-56, Reasonable distance. (c) The owner, operator, manager, or other person in control shall remove all ashtrays from any area where smoking is prohibited by this division. Sec. 34-60. - Enforcement. (a) Any authority having jurisdiction to enforce city ordinances shall have authority to enforce the provisions of this division. (b) Any citizen who desires to register a complaint under this article may initiate enforcement by contacting the fire marshal's office or by contacting the police department. (c) The fire marshal or their designee shall, while an establishment is undergoing otherwise mandated inspections, inspect for compliance with this division. (d) The fire marshal or their designee, after proper identification, shall be permitted to enter any public place and place of employment at any reasonable time, for the purpose of making inspections and examining applicable records of the establishment to determine compliance with this division. Sec. 34-61. - Rules and regulations. The fire marshal or their designee is authorized to promulgate rules and regulations for the enforcement of this division. Sec. 34-62. - Violations and penalties. (a) A person commits an offense if he is smoking in an area where smoking is prohibited by the provisions of this division. (b) It shall be the duty of every person in control of an area where smoking is prohibited by the provisions of this division to request any person known to be smoking in such area to extinguish the burning tobacco product or electronic vaping device. Any knowing or intentional failure to maintain compliance with such duty shall constitute an offense. (c) Whenever in this division an act is prohibited or is made or declared to be unlawful or an offense or misdemeanor, or whenever in this division the doing of anything or act is required or the failure to do anything or act is prohibited, the violation of the provision shall be and constitute a misdemeanor punishable, upon conviction, by a fine in an amount established by the city and listed in Appendix B of this Code. Each violation shall constitute and be punishable as a separate offense. Prosecution or conviction under this provision is cumulative of and shall never be a bar to any other civil or administrative remedy provided or allowed in this division or by law. (d) Neither allegation nor evidence of a culpable mental state is required for the proof of an offense defined in this division, during the prosecution of such offenses in any criminal proceeding. Sec. 34-63. - Other applicable laws. This division shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws. Sec. 34-64. - Reserved."